In a landmark decision that could reshape equalities law in the UK, the Supreme Court has unanimously ruled that the term “woman” in the Equality Act 2010 refers to biological sex and does not include transgender women with Gender Recognition Certificates (GRCs).
The ruling follows a years-long legal challenge brought by gender-critical campaign group For Women Scotland (FWS) against the Scottish government, which had sought to include trans women in legislation designed to increase female representation on public boards.
Campaigners gathered outside the Supreme Court on Wednesday as five judges delivered the decision, saying the Equality Act’s use of “sex” is based on biology, not legal gender recognition. The judges found that interpreting sex as “certificated” would undermine the coherent application of sex-based rights.
Susan Smith, co-founder of FWS, said:
“This confirms what we’ve long argued — that sex is real, and single-sex spaces and services are legally protected for women.”
The ruling does not remove existing legal protections for transgender people, who remain covered under the Equality Act’s provisions for gender reassignment. However, it may prompt Parliament to consider amending the Act to clarify how these protections operate in relation to single-sex spaces such as hospital wards, prisons, and shelters.
Deputy President of the Court Lord Hodge urged the public not to view the outcome as a win for one side over another, stressing that all individuals are entitled to dignity and protection under the law.
The group FWS, partly funded by author J.K. Rowling and backed by the campaign group Sex Matters, claims that the Equality Act defines “woman” exclusively as someone who is biologically female.
JK Rowling posted, “It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK. @ForWomenScot, I’m so proud to know you.”
It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK. @ForWomenScot, I’m so proud to know you
— J.K. Rowling (@jk_rowling) April 16, 2025https://t.co/JEvcScVVGS
The Scottish government, which had argued that GRCs confer a legal change of sex “for all purposes,” accepted the judgment. First Minister John Swinney said his government would now reflect on the implications “while ensuring the rights of all are protected.”
The reaction has been sharply divided. Supporters of the ruling, including Conservative Equalities Minister Kemi Badenoch, hailed it as “a victory for women’s rights and common sense.” In contrast, LGBTQ+ groups expressed concern that the judgment could erode protections for trans individuals.
Meanwhile, the LGB Alliance, which advocates for the rights of lesbians, bisexuals, and gay men based on biological sex, posted: “We are delighted that the UK Supreme Court has ruled unanimously that sex and sexual orientation in the Equality Act are biological and not a matter of paperwork! A huge win, and we are so grateful to @ForWomenScot for fighting so many years to get here.”
We are delighted that the UK Supreme Court has ruled unanimously that sex and sexual orientation in the Equality Act are biological and not a matter of paperwork! A huge win, and we are so grateful to @ForWomenScot for fighting so many years to get here
— LGB Alliance (@AllianceLGB) April 16, 2025pic.twitter.com/uHqRAZPAHt
Scottish Trans called the outcome “shocking,” warning that it could create legal confusion and restrict access to spaces for both trans men and trans women. “It’s hard to see how this supports a fair and equal society,” said Vic Valentine, the group’s manager.
The Equality and Human Rights Commission is now expected to revise its guidance in light of the ruling. Meanwhile, campaigners on both sides anticipate further legal and political battles over the balance between sex-based rights and gender identity.
Support our Journalism
No-nonsense journalism. No paywalls. Whether you’re in Australia, the UK, Canada, the USA, or India, you can support The Australia Today by taking a paid subscription via Patreon or donating via PayPal — and help keep honest, fearless journalism alive.
